CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4884/2012 c/w CRIMINAL PETITIONS No.5054/2012, 644/2013, 643/2013 AND 822/2016 IN CRIMINAL PETITION NO.4884/2012 BETWEEN:
H.C. SAVITHA W/O M.E. MOHAN AGED ABOUT 43 YEARS ASSOCIATE PROFESSOR OF OBG, MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) MANDYA-571 401 ... PETITIONER (BY SHRI. P. PRASANNA KUMAR, ADVOCATE FOR SHRI. H.B. CHANDRASHEKAR, ADVOCATE) AND:
1. STATE BY MANDYA EAST POLICE MANDYA–571 401 2. PROF. H.L. KESHAVAMURTHY S/O LATE H.M. LINGEGOWDA AGED ABOUT 71 YEARS R/O NO.13, HOUSING BOARD APARTMENT, OPP. FIRE STATION GUTTAL POST, MANDYA-571 403 ... RESPONDENTS (BY SHRI. H.S. CHANDRAMOULI, SPP-I FOR SHRI. S.T. NAIK, HCGP FOR R1;
SHRI. B.T. VENKATESH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDDINGS INITIATED IN C.C.NO.731/2012 IN SO FAR AS THIS PETR. IS CONCERNED WHICH IS PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, MANDYA.
IN CRIMINAL PETITION NO.5054/2012 BETWEEN:
DR. K. KRISHNA S/O KEMPEGOWDA AGED ABOUT 43 YEARS ASSOCIATE PROFESSOR OF ANESTHESIOLOGY, MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) MANDYA-571 401 ... PETITIONER (BY SHRI. P. PRASANNA KUMAR, ADVOCATE FOR SHRI. H.B. CHANDRASHEKAR, ADVOCATE) AND:
1. STATE BY MANDYA EAST POLICE MANDYA–571 401 2. PROF. H.L. KESHAVAMURTHY S/O LATE H.M. LINGEGOWDA AGED ABOUT 71 YEARS R/O NO.13, HOUSING BOARD APARTMENT, OPP. FIRE STATION GUTTAL POST, MANDYA-571 403 ... RESPONDENTS (BY SHRI. H.S. CHANDRAMOULI, SPP-I FOR SHRI. S.T. NAIK, HCGP FOR R1;
SHRI. B.T. VENKATESH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDDINGS INITIATED IN C.C.NO.732/2012 DATED 03.08.2012 IN SO FAR AS THIS PETITIONER IS CONCERNED WHICH IS PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC, MANDYA.
IN CRIMINAL PETITION NO.644/2013 BETWEEN:
DR. H.T. CHIDANANDA AGED 65 YEARS S/O LATE C.THIMMAPPA R/O 154, 3RD MAIN, 6TH CROSS M.BLOCK, KUVEMPONAGARA CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 MYSORE-570 023 ... PETITIONER (BY SHRI. P. PRASANNA KUMAR, ADVOCATE FOR SHRI. LAXMINARAYAN, ADVOCATE) AND:
1. STATE BY MANDYA EAST POLICE MANDYA–571 401 2. PROF. H.L. KESHAVAMURTHY S/O LATE H.M. LENGE GOUDA AGED ABOUT 71 YEARS R/O NO.13, HOUSING BOARD APARTMENT, OPP. FIRE STATION GUTTAL POST, MANDYA-571 403 ... RESPONDENTS (BY SHRI. H.S. CHANDRAMOULI, SPP-I FOR SHRI. S.T. NAIK, HCGP FOR R1;
R2-SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDDINGS INITIATED IN C.C.NO.732/2012 WHICH IS PENDING ON THE FILE OF PRL. CIVIL JUDGE (JN. DN.) AND JMFC, MANDYA, IN SO FAR AS THIS PETITIONER IS CONCERNED.
IN CRIMINAL PETITION NO.643/2013 BETWEEN:
DR. H.T. CHIDANANDA AGED 65 YEARS S/O LATE C.THIMMAPPA R/O 154, 3RD MAIN, 6TH CROSS M.BLOCK, KUVEMPONAGARA CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 MYSORE-570 023 ... PETITIONER (BY SHRI. P. PRASANNA KUMAR, ADVOCATE FOR SHRI. LAXMINARAYAN, ADVOCATE) AND:
1. STATE BY MANDYA EAST POLICE MANDYA–571 401 2. PROF. H.L. KESHAVAMURTHY S/O LATE H.M. LENGE GOUDA AGED ABOUT 71 YEARS R/O NO.13, HOUSING BOARD APARTMENT, OPP. FIRE STATION GUTTAL POST, MANDYA-571 403 ... RESPONDENTS (BY SHRI. H.S. CHANDRAMOULI, SPP-I FOR SHRI. S.T. NAIK, HCGP FOR R1;
R2-SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDDINGS INITIATED IN C.C.NO.731/2012 WHICH IS PENDING ON THE FILE OF PRL. CIVIL JUDGE (JN. DN.) AND JMFC, MANDYA, IN SO FAR AS THIS PETITIONER IS CONCERNED.
IN CRIMINAL PETITION NO.822/2016 BETWEEN:
DR. ANAND S/O LATE H.S. KRISHNAMURHTY AGED 68 YEARS OCCUPATION:PROFESSOR OF CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 ANESTHESIA, ACME MEDICAL COLLEGE PARIYARM, KANNUR DISTRICT KERALA PERMANENT RESIDENT: ‘SHREE KRISHNA’ NO.813, 13TH MAIN, TK LAYOUT 4TH STAGE, MYSORE-570 009 ... PETITIONER (BY SHRI. P. PRASANNA KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA BY MANDYA EAST POLICE STATION, MANDYA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 2. PROF. H.L. KESHAVAMURTHY S/O LATE H.M. LINGEGOWDA AGED ABOUT 76 YEARS RESIDING AT NO.13, HOUSING BOARD APARTMENT, OPP. FIRE STATION GUTTAL POST, MANDYA-571 403 ... RESPONDENTS (BY SHRI. H.S. CHANDRAMOULI, SPP-I FOR SHRI. S.T. NAIK, HCGP FOR R1;
SHRI. B.T. VENKATESH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED 07.01.2016 PASSED BY THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC, MANDAY IN C.C. NO.53/2015 (PCR NO.351/2011) THEREBY TAKING COGNIZANCE AGAINST THE ACCUSED NO.1/PETITIONER FOR THE OFFENCES P/U/S 417, 420, 465, 468 AND 471 OF IPC AND ORDERING TO REGISTER CASE AND ISSUE SUMMONS AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS PENDING THEREON INSOFAR AS THE SAME RELATES TO THE ACCUSED NO.1/PETITIOENR.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 ORDER Heard Shri P. Prasanna Kumar, learned advocate for the petitioners and Shri H.S. Chandramouli, learned SPP – I for the State.
2. One Shri H.C. Krishna Murthy filed a private complaint under Section 200 of Cr.P.C., against doctors working in Mandya Institute of Medical Sciences (‘Institute’ for short) alleging inter alia that they had not produced necessary certificates for appointment to respective posts and thus committed offences punishable under Sections 417, 420, 465, 468, 471, 120B read with Section 34 of IPC.
3. Learned Magistrate referred the private complaint under Section 156(3) of Cr.P.C., for investigation to the police. After investigation, police filed charge sheet in all cases.
4. Shri Prasanna Kumar, learned advocate for the petitioners in all these petitions, contended;
that the subject matter is entirely within the domain of the employer and the employee and a third party does CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 not have locus standi to file and maintain the complaints;
that the complainant is not privy to any document which was submitted or perused by the Hospital. Therefore, he had no knowledge about the authenticity of the documents;
that the complainant is in no way connected with the Institute and the offences alleged are not committed against him;
that in the facts and circumstances of the case, learned Magistrate ought not to have referred the matter under Section 156(3) of Cr.P.C.;
that in the charge sheet filed by the Police, it is stated that relevant certificates are not available; and that after charge sheet was filed, learned Magistrate has issued process without recording reasons for taking cognizance. Hence, order passed by the learned Magistrate is without application of mind.
5. Shri Chandramouli, learned SPP-I made a feeble attempt to argue that the Doctors, who belong to noble CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 profession have to set a model and in the instant case, the allegations are that they have not produced necessary documents, which requires a full-fledged trial.
6. I have carefully considered rival contentions and perused the records.
7. It is not in dispute that the petitioners, who are Doctors were appointed in Mandya Institute of Medical Sciences. The said Institute is a State owned autonomous medical institute. The institute is governed by Medical Council of India Guidelines and instructions issued by the State Government from time to time. Some of the petitioners in these petitions have attained the age of superannuation and they have retired from their services.
8. In the charge sheet, police have alleged commission of offences punishable under Sections 417, 420, 465, 468 & 471 of IPC. According to prosecution, no documents are available. Therefore, the possibility of conviction under Sections 120B and 34 of IPC is remote.
CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 9. It is relevant to note that complainant is dead.
According to the prosecution alleged forged documents are not available. Some of the petitioners have attained the age of superannuation. Therefore chances of conviction are bleak. Further the matter falls entirely within the domain of service law jurisprudence. In the circumstances, in my view, any continuance of criminal proceedings falls within the definition of ‘abuse of process of law’.
10. Resultantly, these petitions merit consideration and they are accordingly allowed. Proceedings in C.C.No.731/2012 pending on the file of Principal Civil Judge (Jr. Dn.) and JMFC, Mandya, challenged in Crl.P.No.4884/2012 and in Crl.P.No.643/2013;
Order dated 03.08.2012 in C.C.No.732/2012 (P.C.R.No.349/2011) passed by Principal Civil Judge (Jr.Dn.) and JMFC, Mandya, challenged in Crl.P.No.5054/2012;
C.C.No.732/2012 pending on the file of Principal Civil Judge (Jr. Dn.) and JMFC, Mandya challenged in Crl.P.No.644/2013; and CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 Order dated 07.01.2016 in C.C.No.53/2015 (P.C.R. No.351/2011) passed by Principal Civil Judge (Jr. Dn.) and JMFC, Mandya, are quashed so far as petitioners are concerned.
11. Before parting, it is necessary to record that the learned Magistrates, while referring the matter for investigation under Section 156(3) of Cr.P.C., are required to look into allegations and record their satisfaction that case requires investigation. A mere reference under Section 156(3) of Cr.P.C. mechanically gives rise to serious consequences, as persons named as accused will be compelled to face investigation. In the instant case, a private person, who is in no way connected with the Hospital or doctors has presented the instant complaints.
12. Shri Prasanna Kumar, pointed out the order sheet signed by the learned Magistrate, which reads as follows:
“DATE OF FILING:26.09.2011 RELIEF: THE COMPLAINANT PRAYS THAT BE PLEASED TO TAKE COGNIZANCE OF THE OFFENCES COMMITTED BY THE ACCUSED PERSONS P/U/SEC 417,420,465,468,471,20B R/W SEC 34 OF IPC AND TRY THEM FOR THE OFFENCES COMMITTED IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY.
Sd/-
Prl.Civil Judge (Jr.Dn.) & JMFC MANDYA PSI,MEPS has investigate the matter and to report by 3.11.11.(sic) Sd/-
Prl.Civil Judge (Jr.Dn.) & JMFC MANDYA, 24.09.11”
CRL.P. NO.4884/2012 C/W CRL.Ps.NO.5054/2012, 644/2013, 643/2013 & 822/2016 13. A careful perusal of the order sheet reveals that learned Magistrate has not applied his mind while passing the impugned order. Though, this Court has been quashing orders passed by the learned Magistrates taking cognizance without proper application of mind and signing cyclostyled orders, it appears the said procedure is not yet discontinued. Accordingly, it is directed that such practice should be stopped forthwith.
14. A copy of this order be circulated to the learned Magistrates through the Director of Judicial Academy for guidance.
Sd/- JUDGE AV